Last Updated: April 1, 2024

Welcome to PartyClick! These Terms of Service ("Terms") govern your access to and use of the PartyClick website, mobile application, and any other online products and services (collectively, the "Service") provided by PartyClick, Inc. ("PartyClick," "we," or "us"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use our Service.

1. Eligibility

You must be at least 13 years old to use our Service. If you are between the ages of 13 and 18, you may only use our Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our Service, you represent and warrant that you meet these eligibility requirements.

2. Account Registration

In order to access certain features of our Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately at hello@partyclick.com if you suspect any unauthorized use of your account.

3. User Content

Our Service allows you to create, upload, post, send, receive, and store content, such as text, photos, videos, and other materials (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Service. By posting User Content, you grant PartyClick a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Service.

4. Prohibited Conduct

You agree not to use the Service to:

a. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

b. Use, display, mirror or frame the Service, or any individual element within the Service, PartyClick's name, any PartyClick trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PartyClick's express written consent;

c. Attempt to probe, scan or test the vulnerability of any PartyClick system or network or breach any security or authentication measures;

d. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PartyClick or any of PartyClick's providers or any other third party to protect the Service;

e. Attempt to access or search the Service or download content from the Service using any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by PartyClick or other generally available third-party web browsers;

f. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

g. Use any meta tags or other hidden text or metadata utilizing a PartyClick trademark, logo URL or product name without PartyClick's express written consent;

h. Use the Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

i. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

j. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;

k. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

l. Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;

m. Impersonate or misrepresent your affiliation with any person or entity;

n. Violate any applicable law or regulation; or

o. Encourage or enable any other individual to do any of the foregoing.

5. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PartyClick, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. Third-Party Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. These other websites, services, and resources are not under PartyClick's control, and you acknowledge that PartyClick is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by PartyClick or any association with its operators.

7. Termination

PartyClick may suspend or terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by contacting us at hello@partyclick.com. Upon any termination, discontinuation or cancellation of the Service or your account, the following provisions of these Terms will survive: Feedback, Rights in User Content Granted by You, Warranty Disclaimers, Limitation of Liability, Dispute Resolution, and General Terms.

8. Warranty Disclaimers

THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PARTYCLICK EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PARTYCLICK MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PARTYCLICK MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARTYCLICK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PARTYCLICK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

You agree to defend, indemnify, and hold harmless PartyClick, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Arbitration

At PartyClick's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

13. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Waiver and Severability

No waiver by PartyClick of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PartyClick to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms (and any other terms and conditions referenced herein) constitute the sole and entire agreement between you and PartyClick regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

16. Contact Information

If you have any questions about these Terms, please contact us at hello@partyclick.com.